Town Council of Guntersville v. Henry

Petition for mandamus to require the mayor and aldermen of Guntersville, Ala., to call a municipal election on the third Monday in September, 1930, for the selection of their successors, as provided by section 1754, Code 1923, or some convenient day to be fixed, in the event the election is not had on the above date as stipulated in section 18S6, Code 1923.

The merits of the case, presented by the ruling on demurrer to the answer, present for consideration the proper interpretation of section 1754, Code 1923, as amended by Gen. Acts 1927, p. 706, § 1.

Upon consideration of this question, the…